NRL Scheme-As a tenant should I be witholding tax to pay to CNR/IR-or am I deluded?!

broclo

franklee wrote: »

Yep, I'd do that. I'd phone CNR first to get the plan agreed with them. Maybe ask them if the email from her would be enough for them to speed things up save waiting for the hardcopy.



No, but you are kidding That last email from her may be the start of sorting it all out.

What pants leglislation making a tenant liable for things so far out of their control.

Thanks

Will act upon CNR's advice tomorrow

Ah it may sort this out, but I do not think in million years that the LL is going to back down, she now has a bee in her bonnet and even if sorted I fear she will be aiming to remove me asap.

So if she does go for it...I'll also go for everything too as I have just been trying to protect myself and feel she really need not act this way!

sooz

franklee wrote: »

What pants leglislation making a tenant liable for things so far out of their control.

LOL similar pants legislation makes the LL responsible for the anti social behaviour of their tenants

broclo

sooz wrote: »

LOL similar pants legislation makes the LL responsible for the anti social behaviour of their tenants

I think all legislation is pants when in the hands of bad landlord or tenants.

I am not behaving badly though, I just want to avoid a tax bill and protect my deposit and families safety

sooz

How long is your AST for?
TBH, I 'd start looking for somewhere new to live.
Your LL is naive & her brother inept.
Vast swathes of letting legislation have been ignored by this bumbling duo.
Most importantly, you still don't have a gas safety certificate
You've already had to do/organise repairs yourself - what happens if something big goes wrong?
The pair are already antagonistic towards you (despite being in the right, I do think your emails have been rather full on & I have suggested what I would write - short, to the point & let them discover their errors themselves)
You will not get your contract renewed.
Presumably with a 2 year old, you need to get settled to start applying for school places soon.
She is offering you a way out. Confirm that it is without penalty & you won't be held to the rest of your contract, & find a decent LL.

broclo

sooz wrote: »

How long is your AST for?
TBH, I 'd start looking for somewhere new to live.
Your LL is naive & her brother inept.
Vast swathes of letting legislation have been ignored by this bumbling duo.
Most importantly, you still don't have a gas safety certificate
You've already had to do/organise repairs yourself - what happens if something big goes wrong?
The pair are already antagonistic towards you (despite being in the right, I do think your emails have been rather full on & I have suggested what I would write - short, to the point & let them discover their errors themselves)
You will not get your contract renewed.
Presumably with a 2 year old, you need to get settled to start applying for school places soon.
She is offering you a way out. Confirm that it is without penalty & you won't be held to the rest of your contract, & find a decent LL.

I have a 12m AST, but as the rent was late due to a LHA mistake they could use the breakclause if they wanted I believe.

At this time they can nit issue a s.21 as they have failed to protect the deposit.

I never sent that email in the end. I was 'softening' it and then the LL's bro and LL sent another 3 emails.

lol Yep...as sure as day follows night they will not renew!

She may be offering me a way out, but I have no means to fund a deposit or month in advance rent and goodness it will be hard as obviously they will not give me a reference.

When I fleed an abusive ex I found the local authority to completely useless if I am brutally honest. The most I could hope for would be a room in emergency, but we would lose all the furniture and the childrens possesions etc.

I believe that they would not find us 'intentionaly homeless' due to arrears from the LHA etc, but if I said I need to move as the LL is offering a way out, they would not help with this.

In all honesty the ONLY way I could see myself moving into a new property, with all our possesions, would be to withold the rent the LHA has just paid into my account, plus the next one which will appear shortly(they just backdated and next is due in 2 weeks for 2 weeks payment) and let them issue a section 8, find another place in the mean time, move in and then send them a letter offering to pay the arrears by a deduction from my benefits.

Now that is certainly not cricket and i'm certainly not thinking of doing it at this moment in time. However, i'm very aware that whilst the LL is breaking laws and being unreasonable, that I am also at their 'mercy' as I have no way in which to raise a deposit or month in advance, plus other moving costs.

Plus, if I did withold the rent and passed it onto a new rental, I am wondering if the LL could get my benefits stopped, thereby causing ongoing issues at any new rental!

Finding a new rental on LHA will involve going privately and even then will be a nightmare if I do not have a reference from the LL etc(new to rental).

I just hope that trying to get a LL from hell to uphold the law, will not result in me becoming the tenant from hell!

I do feel however that I am stuck between a rock and a hard place and that it is simply because i'm trying to do the right thing lol

Bad day, hopefully tomorrow will be better

N79

theartfullodger wrote: »

Hmmmnnn

a) You are entitled to her full name & address (the real address in OZ...)



b) A notice about an address to serve notices... see
http://www.lettings-landlords.co.uk/info/sec_47_48.html



If you want to be difficult you would be entirely within your rights to ask for a notice of an address to serve notices, in writing. Without that the rent is not due. A email saying talk to my solicitors may not, i think, siffice..

Cheers!

Lodger (A Landlord)

I thought I would bung my two pennies worth into the thread. Firstly I think that the LL is clearly a pratt. However, before everyone gets carried away...

First with regard to getting a LL's home address. I have argued this before on these forums and there is no right to a LL's home address. This is because

1. S1 of the LL and T act says:

"1 Disclosure of landlord’s identity(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
(a)any person who demands, or the last person who received, rent payable under the tenancy, or
(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,
that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
(3)In this section and section 2—
(a)“tenant” includes a statutory tenant; and
(b)“landlord” means the immediate landlord."


S 38 defines address as

"Minor definitions

In this Act—

• “address” means a person’s place of abode or place of business or, in the case of a company, its registered office;"

So as far as I interpret the act, a LL can comply with S1 by providing a business address. There is no need to disclose their home address.

My second point is on residency. HMRC rules on residency are, quite frankly, a mess and the (bad) LL in this case is correct that HMRC do not usually consider someone to be non resident for a tax year unless they spend more than half the tax year elsewhere. I think this is where the LL in this thread gets their idea that there is no need for exemption because they have not yet become non resident (it does not happen overnight when you leave the UK). Therefore there is no need for the non resident landlord exemption letter.

Of course, any reasonable overseas LL would register with HMRC irrespective of their tax treatment (resident, non resident or split treatment) so as to give their Ts peace of mind. HMRC issue these letters to anyone who asks as far as I am aware. However, I think that the prudent course of action would be to report the LL to HMRC and await their formal confirmation that rent should be paid to them in leu of tax before actually doing so. Obviously the T needs to know where to pay the part of the rent that they do not pay to the LL. (Under no circumstances should the T hold on to this money - it is the LL's money until they complete their tax return). I would expect the T to be able to account for all of this money and provide receipts from HMRC for the payments the T has made on the LL's behalf. This then allows the LL to claim back the money if necessary.

On the other matters (gas safety, EPC, deposit protection) go get em... However, please be careful over the tax status of your LL.

N79 (a non resident (ie tax avoiding) LL).

broclo

Thanks N79

The address issue has kind of gone over my head a bit, but I think i'm rather mentally worn out tonight, truth be told.

I will not be keeping the money as such, they have said it is payable by end july. I did say to the CNR that as I run a tight ship I would not like to find myself dipping into that tax. They therefore did agree that they can accept the 20% every month, but I'll then just fill in and return the forms each quarter. I would have/will pay 80% to LL and 20% into tax account on the same day. It is not my money so I want the 20% gone asap whether to the LL or HMRC!

I'm tired so do appologise using the thread to empty my head and ramble on, I just want the LL to uphold their responsibilities and live peacefully and being a good tenant.

Just not sure how i'm to do this given the LL's behavoiur to date.

I guess I need to weigh up the different elements and consider if these issues are impacting on my stress levels, if that will affect my littluns as really, in my world at least, they are the only really important thing.

And blah...blah...blah lol

franklee

N79 wrote: »

First with regard to getting a LL's home address. I have argued this before on these forums and there is no right to a LL's home address. This is because

1. S1 of the LL and T act says:

"1 Disclosure of landlord’s identity(1)If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to—
(a)any person who demands, or the last person who received, rent payable under the tenancy, or
(b)any other person for the time being acting as agent for the landlord, in relation to the tenancy,
that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request.
(2)A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.
(3)In this section and section 2—
(a)“tenant” includes a statutory tenant; and
(b)“landlord” means the immediate landlord."


S 38 defines address as

"Minor definitions

In this Act—

• “address” means a person’s place of abode or place of business or, in the case of a company, its registered office;"

So as far as I interpret the act, a LL can comply with S1 by providing a business address. There is no need to disclose their home address.

In this case as far as anyone has said the landlord isn't running the let through a businesses, I think she is doing it as a private individual. If she was running an unrelated business that is nothing to do with the lettings then I'm not sure if that would do, nor if she works part time down the local chip shop owned by someone else (say) could she put that address down. If she was running the lettings through a company then I agree that business address is OK.

We do agree an agent's address does not satisfy section 1 of the Landlord and Tenant Act 1985 thou

broclo

franklee wrote: »

We do agree an agent's address does not satisfy section 1 of the Landlord and Tenant Act 1985 thou

I'm glad you two understand :rotfl:

franklee

:rotfl:I think you need a good nights sleep sez me with work still to do